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Workers win in retaliation case.

Article Excerpt
In one of the most important civil rights cases to be decided in recent years, Burlington Northern & Santa Fe Railway Co. v. White, the Supreme Court made it easier for plaintiffs in employment discrimination suits to establish a cause of action for retaliation. (1) But it stopped short of providing a clear definition of what constitutes actionable retaliation, finding that "the significance of any given act of retaliation will often depend upon the particular circumstances." (2)

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, gender, and religion? The law also forbids an employer from "discriminat[ing] against" an employee or job applicant because the individual "opposed any practice" made unlawful by Title VII or "made a charge, testified, assisted, or participated" in a Title VII proceeding or investigation)

Although Title VII clearly prohibits retaliation against those who bring discrimination complaints, the circuit courts had disagreed on a standard for what is actionable. The Fifth and Eighth circuits adopted the most stringent standard: Retaliation claims could only arise from "ultimate employment decisions," like a demotion or termination. (5)

The Third, Fourth, and Sixth circuit courts took a more relaxed approach, defining an adverse employment action as one that...

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